SPECIAL PENAL LAWS

MIDTERM EXAMINATION 2019

Atty. Alloysius R. Yebra

INSTRUCTIONS:

1.Remember to read each question very carefully and write your answers in
your Examination Notebook in the same order the questions are
posted. Write your answers only on the front of every sheet in your
Notebook. If not sufficient then start with the back page of the first sheet
and thereafter. Note well the allocated percentage points for each number,
question, or sub-question. In your answers, use the numbering system in
the questionnaire.

2. Answer the Essay questions legibly, clearly, and concisely. Start each
number on a separate page. An answer to a sub-question under the same
number may be written continuously on the same page and the immediately
succeeding pages until completed. PLEASE AVOID ERASURES.

3. A mere "Yes" or "No" answer without any corresponding explanation or

discussion will not be given full credit. Thus, always briefly but fully explain
your answers although the question does not expressly ask for an
explanation. You do not need to re-write or repeat the question in your
Notebook.

4. Make sure to double check your booklet before submitting to ensure that
no questions are left unanswered.

GOOD LUCK!

Part. I (30pts.)
True or False. If the answer is false, explain your answer in not more than
two (2) sentences. (5pts. each)
1. Probation is a right.

2. As a general rule, felonies under the Code are mala in se whereas

those in special laws are mala prohibita.
 3. Special laws are not subject to the provisions of the Revised Penal
Code. Such rule is absolute.

4. ISL application is mandatory where imprisonment would exceed one

year.

5. A child fifteen (15) years of age or under at the time of the

commission of the offense may be exempted from criminal liability,
subject to an intervention program pursuant to section 6 of RA 9344.

6. A child exempted from criminal liability exonerates him also from civil
liability.

Part II (30.pts)
Objectives
7. When would the Indeterminate Sentence Law be inapplicable? Give at
least five (5) instances. (15 pts.)

8. Give at least seven (7) government agencies that are part of the
Juvenile Justice and Welfare Council (JJWC). (15 pts.)

Part III (40pts.)

Essay.
9. Caca was convicted at the Regional Trial Court of a crime and
sentenced to suffer the penalty of imprisonment for a minimum of
eight years. She appealed both his conviction and the penalty imposed
upon her to the Court of Appeals. The appellate court ultimately
sustained Caca’s conviction but reduced her sentence to a maximum of
four years and eight months of imprisonment.

A. Who are disqualified from applying from probation? Enumerate all.

(10pts.)
B. Could Caca forthwith file an application for probation? Explain.
(10pts.)
10. Jawei was 17 years old when he committed homicide in 2005. The
crime is punishable by reclusion temporal. After two years in hiding,
he was arrested and appropriately charged in May 2007. Since
Republic Act 9344 (Juvenile Justice Welfare Act of 2006) was already
in effect, Jawei moved to avail of the process of intervention or
diversion.

A. What is intervention or diversion? (10pts.)

B. Is Jawei entitled to intervention or diversion? (10pts.)